A. As used in this section:
1. "Transitional costs" mean the costs of changing from an existing provider of, or type of, a procurement item to another provider of, or type of, procurement item.
2. "Transitional costs" include:
a. Training costs;
b. Conversion costs;
c. Compatibility costs;
d. System downtime;
e. Disruption of service;
f. Installation costs; and
g. Ancillary software, hardware, equipment, or construction costs.
3. "Transitional costs" do not include:
a. The costs of preparing for or engaging in a procurement process; or
b. Contract negotiation or contract drafting costs.
B. The city may award a contract for a procurement item without competition if the city determines in writing that:
1. There is only one source for the procurement item; or
2. The award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item.
C. Circumstances under which there is only one source for a procurement item may include:
1. Where the most important consideration in obtaining a procurement item is the compatibility of equipment, technology, software, accessories, replacement parts, or service;
2. Where a procurement item is needed for trial use or testing;
3. Where transitional costs are unreasonable or cost prohibitive; or
4. Procurement of public utility services.
D. The city shall make rules regarding the publication of notice for a sole source procurement that, at a minimum, require publication of notice of a sole source procurement, in accordance with section 63G-6a-406, Utah code, if the cost of the procurement exceeds fifty thousand dollars ($50,000.00).
E. The city may extend a contract for a reasonable period of time without engaging in a standard procurement process, if:
1. The award of a new contract for the procurement item is delayed due to a protest or appeal;
2. The standard procurement process is delayed due to unintentional error;
3. Changes in industry standards require significant changes to specifications for the procurement item;
4. The extension is necessary to prevent loss of federal funds;
5. The extension is necessary to address a circumstance where the appropriation of state or federal funds has been delayed; or
6. The extension covers the period of time during which contract negotiations with a new provider are being conducted. (Ord. 2014-08, 8-5-2014)